EXECUTIVE  DOCUMENTS. 


No.  3. 


CORRESPOlSrDElSrCE 


AND    OTHER 


PAPERS, 


RKL.\TIXG    TO 


FORT     SUMTER. 


C  n AK  L  HSTON: 

S  T  K  A  H  -  I'  O  W  K.  R    P  l{  i;  S  S  B  S    OF    EVANS    A    i'  <>  ri  S  W  K  I.  I., 
No.  :j  Broad  and  103  Ea-st  Bay  Street. 


EXECUTIVE  DOCUMENTS. 


No.  2. 


C  O  REE  S  P  O ISTD  EIST  C  E 


AND    OTHER 


PAPERS, 


RELATIXG   TO 


FORT     SUMTER. 


CHARLESTON: 

STKAU-POWBR    PRESSES    OP    EVANS    i.    COGSWHLt,, 
No.  3  Broad  and  103  East  Bay  Street. 

1861 


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CORRESPONDENCE. 


No.  1. 
[major  ani>p:rson  to  toe  governor.] 

To  His  Excellency,  the  Governor  of  South  Carolina  : 

Sir  :  Two  of  your  batteries  fired  this  morning  upon  an 
unarmed  vessel  bearing  the  flag  of  my  Government.  As  I  have 
not  been  notified  that  war  has  been  decLared  by  South  Carolina 
against  the  Government  of  the  United  States,  I  cannot  but 
think  that  this  hostile  act  Avas  committed  without  3'our  sanc- 
tion or  authority.  Under  that  hope,  and  that  alone,  did  1 
ref^-ain  from  opening  fire  upon  your  batteries. 

I  have  the  honor,  therefore,  respectfully  to  ask  whether  the 
above-mentioned  act — one  I  believe  without  a  parallel  in  the 
history  of  our  country,  or  of  anj"  other  civilized  Government — 
was  committed  in  obedience  to  your  instructions,  and  to  notify 
you  if  it  be  not  disclaimed,  that  I  must  regard  it  as  an  act  of 
war,  and  that  I  shall  not,  after  a  reasonable  time  for  the  return 
of  my  messenger,  permit  any  vessels  to  pass  within  range  of 
the  guns  of  my  Fort. 

In  order  to  save  as  far  as  in  ray  power  the  shedding  of  blood, 
I  beg  that  you  will  liave  due  notification  of  this  ray  decision, 
given  to  all  concerned. 

Hoping,  however,  that  your  answer  may  be  such  as  will  jus- 
tify a  further  continuance  of  forbearance  on  my  i)art,  I  have 
the  honor  to  be. 

Very  respectfully, 

Your  obedient  servant, 
(Signed)  EOBEET  ANDERSON, 

Major  1st  Artillerj^  U.  S.  A.,  Commanding. 

Fort  Sumter,  *S.  C,  January  9,  1861. 


4 

No.  2. 

[the    governor    to    major    ANDERSON.] 

State  of  South  Carolina. 
Executive  Office,  Head  Quarters, 
Charleston^  9  Jcniuary,  18G1. 

Sir  :  Your  letter  has  been  reeeivqd.  In  it  you  make  certain 
statements  which  very  plainly  show  that  you  have  not  been 
fully  informed  by  your  Government,  of  the  j^recise  relations 
which  now  exist  between  it  and  the  State  of  South  Carolina. 
Official  information  has  been  communicated  to  the  Government 
of  the  United  States  that  the  political  connection,  heretofore 
existing  between  the  State  of  South  Carolina  and  the  States 
which  were  known  as  the  United  States,  had  ceased ;  and  that 
the  State  of  South  Carolina  had  resumed  all  the  power  it  had 
delegated  to  the  United  States  under  the  compact  known  as 
the  Constitution  of  the  United  States.  The  right  which  the 
State  of  South  Carolina  possessed  to  change  the  political  rela- 
tions it  held  with  other  States,  under  the  Constitution  of  the 
United  States,  has  been  solemnly  asserted  by  the  people  of  this 
State,  in  Convention,  and  now  does  not  admit  of  discussion. 

In  anticijDation  of  the  Ordinance  of  Secession,  of  which  the 
President  of  the  United  States  had  received  official  notiiication, 
it  was  understood  by  him,  that  sending  any  reinforcements  of 
the  trooj)s  of  the  United  States  in  the  harbor  of  Charleston, 
would  bo  regarded  by  the  constituted  authorities  of  the  State 
of  South  Carolina  as  an  act  of  hostility ;  and  at  the  same  time 
it  was  understood  by  him,  that  an}'  change  in  the  occupation  of 
the  forts  in  the  harbor  of  Cluu'leston  would,  in  like  manner,  be 
regarded  as  an  act  of  hostilit}'.  Either  or  both  of  these  events 
occurring  during  the  period  in  which  the  State  of  South  Caro- 
lina constituted  a  part  of  the  United  States,  was  then  distinctly 
notified  to  the  President  of  the  United  States  as  an  act  or  acts 
of  hostility;  because  either  or  both  would  be  regarded  and  could 
only  be  intended  to  dispute  the  right  of  the  State  of  South 
Carolina  to  that  political  Independence  which  she  has  always 
asserted  and  will  always  maintain. 

Whatever  would  have  been  during  the  continuance  of  this 
State,  while  a  member  of  the  United  States,  an  act  of  hostility; 


became  much  more  so,  -vvhcn  the  State  of  South  Carolina  had 
dissolved  its  connection  with  tlie  Government  of  the  United 
States. 

After  the  secession  of  the  State  of  South  Carolina,  Fort 
Sumter  continued  in  the  possession  of  troops  of  the  United 
States.  How  that  foi't  is  at  this  time  in  the  possession  of  the 
troops  of  the  United  States,  is  not  now  necessar}-  to  discuss. 
It  will  suffice  to  say  that  the  occupanc}^  of  that  fort  has  been 
regarded  by  the  State  of  South  Carolina  as  the  first  act  of 
positive  hostility  committed  by  the  troops  of  the  United  States 
witliin  the  limits  of  this  State;  and  was  in  this  light  regarded 
as  so  unequivocal,  that  it  occasioned  the  termiiuition  of  the  ne- 
gotiations, then  pontling  at  Washington;  between  the  Commis- 
sioners of  the  State  of  South  Carolina  and  the  President  of  the 
United  States. 

The  attempt  to  reinforce  the  troops  now  at  Fort  Sumter,  or 
to  retake  and  resume  possession  of  the  forts  within  the  Avaters 
of  this  State,  which  you  have  abandoned,  after  sj)iking  the 
guns  placed  there,  and  doing  otherwise  much  damage,  cannot 
be  regai'dcd  by  the  authorities  of  this  State  as  indicative  of  any 
other  purpose  than  the  coercion  of  the  State  by  the  armed  force 
of  the  Government.  To  repel  such  an  attempt  is  too  plainly 
its  duty,  to  allow  it  to  be  discussed.  But,  while  defending  its 
waters,  the  authorities  of  the  State  have  been  careful  so  to  con- 
duct the  affairs  of  the  State  that  no  act,  however  necessary  for 
its  defence,  should  lead  to  an  useless  waste  of  life.  Special 
agents,  therefore,  have  been  off  the  bar,  to  warn  all  appi-oach- 
ing  vessels,  if  armed;  or  unarmed  and  having  ti'oops  to  reinforce 
the  forts  on  board ;  not  to  enter  the  harbor  of  Charleston  ;  and 
special  orders  have  been  given  to  the  commanders  of  all  the 
forts  and  batteries,  not  to  fire  at  such  vessels,  until  a  shot  fired 
across  their  bows  would  warn  them  of  the  prohibition  of  the 
State. 

Under  these  circumstances,  the  Star  of  the  West,  it  is  under- 
stood, this  morning  attempted  to  enter  this  harbor,  with  troops 
on  board ;  and  having  been  notified  that  she  could  not  enter, 
was  fired  into.     The  act  is  perfectl}' justified  by  me. 

In  regard  to  your  threat  in  regard  to  vessels  in  the  harbor,  it 
is  only  necessary  to  say,  that  3'ou  must  judge  of  your  responsi- 
bilities. Your  position  in  this  harbor  has  been  tolerated  by  the 
authorities  of  the  State.     And  while  the  act  of  which  3'ou  com- 


6 

plain  is  in  perfect  consistency  with  the  ri^rhts  and  duties  of  the 
State,  it  is  not  perceived  how  far  the  conduct  which  you  pro- 
pose to  adopt,  can  find  a  parallel  in  the  historj'  of  any  country; 
or  be  reconciled  with  any  other  purpose  of  your  Government, 
than  that  of  imposing  upon  this  State  the  condition  of  a  con- 
quei-ed  province. 

(Signed)  F.  W.  PICKENS. 

To  Major  Eobert  Anderson, 

Commanding  Fort  Sumter. 


No.  3. 

[major  ANDERSON  TO  THE  GOVERNOR.] 

Head  Quarters,  Fort  Sumter,  S.  C, 

January  9,  1861. 
To  his  Excellency,  F.  W.  Pickens, 

Governor  of  the  State  of  South  Carolina  : 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your 
communication  of  to-day,  and  to  say  that,  under  the  circum- 
stances, I  have  deemed  it  proper  to  refer  the  whole  matter  to 
my  Government ;  and  that  I  intend  deferring  the  course  indi- 
cated in  my  note  of  this  morning  until  the  arrival  from  Wash, 
ington  of  the  instructions  I  may  receive.  I  have  the  honor 
also  to  express  a  hope  that  no  obstructions  will  be  placed  in 
the  way  of,  and  that  you  will  do  me  the  favor  to  afford  every 
facility  to,  the  departure  and  return  of  the  bearer,  Lieut.  T. 
Talbot,  U.  S.  Army,  who  has  been  directed  to  make  the  journey. 
I  have  the  honor  to  be. 

Very  respectfully, 
(Signed)  EOBEET  ANDERSON, 

Major  U.  S.  Army,  Commanding. 


7 

No.  4. 

[the    governor   to    major   ANDERSON.] 

State  of  South  Carolina, 
Executive  Office,  Charleston, 
ll^A  January,  1861. 
To  Major  Eobert  Anderson, 

Commanding  Fort  Sumter  : 
Sir  :  I  have  tlionght  proper,  under  all  the  circumstances  of 
the  peculiar  state  of  public  affairs  in  the  countrj-  at  present,  to 
appoint  the  Hon.  A.  Gr.  Magrath  and  Gen.  D.  F.  Jamieson,  both 
members  of  the  Executive  Council,  and  of  the  highest  position 
in  the  State,  to  present  to  you  considerations  of  the  gravest 
public  character;  and  of  the  deepest  interest  to  all  who  depre- 
cate the  improper  waste  of  life ;  to  induce  the  delivery  of  Fort 
Sumter  to  the  constituted  authorities  of  the  State  of  South 
Carolina,  with  a  pledge,  on  its  part,  to  account  for  such  public 
property  as  is  under  your  charge. 

Your  obedient  servant, 

(Signed)  F.  W.  PICKENS. 


No.  5. 

[major  ANDERSON  TO  THE  GOVERNOR.] 

Head  Quarters,  Fort  Sumter,  S.  C, 
January  11,  1861. 
To  His  Excellency,  F.  W.  Pickens, 

Governor  of  /South  Carolina  : 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your 
demand  for  the  surrender  of  this  fort  to  the  authorities  of  South 
Carolina,  and  to  say,  iu  reply,  that  the  demand  is  one  with 
which  I  cannot  comply.  Your  Excellency  knows  that  I  have 
recently  sent  a  messenger  to  Washington,  and  that  it  will  be 
impossible  for  me  to  receive  an  answer  to  my  dispatches,  for- 
warded by  him,  at  an  earlier  date  than  next  Monday.  What 
the  character  of  my  instructions  may  be,  I  cannot  foresee. 


8 

Should  jour  Excellency  deem  fit,  prior  to  a  resort  to  arois, 
to  refer  this  matter  to  Washington,  it  would  afford  me  the 
sincerest  pleasure  to  depute  one  of  my  officers  to  accompany 
any  messenger  you  may  deem  proper  to  be  the  bearer  of  j^our 
demand. 

Hoj)ing  to  God  that  in  this,  and  all  other  matters  in  which 
the  honor,  welfare  and  lives  of  our  fellow  countrymen  are  con- 
cerned, we  shall  so  act  as  to  meet  His  approval ;  and,  deeply 
regretting  that  you  have  made  a  demand  of  me  with  which  I 
cannot  comply, 

I  have  the  honor  to  be, 

With  the  highest  regard, 

Your  obedient  servant, 

EGBERT   ANDERSON, 
Major  U.  S.  Army,  Commanding. 


No.  6. 

[the  governor  to  the  president  of  the  united  states.] 

State  of  South  Carolina, 
Executive  Office,  Head-Quarters, 
Charleston,  January  11,  1861. 

Sir  :  At  the  time  of  the  separation  of  the  State  of  South 
Carolina  from  the  United  States,  Fort  Sumter  was,  and  still  is, 
in  the  possession'  of  troops  of  the  United  States,  under  the 
command  of  Major  Anderson.  I  regard  that  possession  as 
not  consistent  with  the  dignity  or  safety  of  the  State  of  South 
Carolina;  and  I  have  this  day  addressed  to  Major  Anderson  a 
communication  to  obtain  from  him  the  possession  of  that  Fort, 
by  the  authorities  of  this  State.  The  reply  of  Major  Anderson 
informs  me  that  he  has  no  authority  to  do  what  I  required ; 
but  he  desires  a  reference  of  the  demand  to  the  President  of 
the  United  States. 

Under  the  circumstances  now  existing,  and  which  need  no 
comment  by  me,  I  have  determined  to  send  to  you  the  Hon. 
I.  W.  Ilayne,  the  Attorney  G-eneral  of  the  State  of  South  Car- 
olina,.and  have  instructed  him  to  demand  the  delivery  of  Fort 
Sumter,  in  the  harbor  of  Charleston,  to  the  constituted  authori- 
.ties  of  the  State  of  South  Carolina. 


The  demand  I  have  made  of  Major  Anderson,  and  which  I 
now  make  of  you,  is  suggested  because  of  my  earnest  desire  to 
avoid  the  bloodshed  which  a  persistence  in  your  attempt  to 
retain  the  possession  of  that  Fort  will  cause;  and  which  will  be 
unavailing  to  secure  you  that  possession,  but  induce  a  calamity 
most  deeply  to  be  deplored. 

If  consequences  so  unhapp}'  shall  ensue,  I  will  secure  for  this 
State,  in  the  demand  which  I  now  make,  the  satisfaction  of 
having  exhausted  every  attempt  to  avoid  it. 

In  relation  to  the  public  property  of  the  United  States 
within  Fort  Sumter,  the  Hon.  I.  W.  llayne,  who  will  hand  j'ou 
this  communication,  is  authorized  to  give  you  the  pledge  of  the 
State  that  the  valuation  of  such  property  will  be  accounted 
for,  by  this  State,  upon  the  adjustment  of  its  relations  with  the 
United  States,  of  which  it  was  a  part. 

(Signed)  F.  W.  PICKENS. 

To  the  President 

of  the  United  States. 


No.  7 

[instructions  from  the  state  department  of  the  executive 

office  to  non.  i.  w.  hayne.] 

State  of  South  Carolina, 
Executive  Office,  State  Department. 
Charleston,  January  12,  1861. 

Sir:  The  Governor  has  considered  it  proper,  in  view  of  the 
grave  questions  which  now  affect  the  State  of  South  Carolina 
and  the  United  States,  to  make  a  demand  upon  the  President  of 
the  United  States,  for  the  delivery  to  the  State  of  South  Caro- 
lina of  Fort  Sumter,  now  within  the  territorial  limits  of  this 
State,  and  occupied  by  troops  of  the  United  States. 

The  Convention  of  the  People  of  South  Carolina  authorized 
and  empowered  its  Commissioners  to  enter  into  negotiations 
with  the  Government  of  the  United  States,  for  the  delivery  of 
forts,  magazines,  light  houses,  and  other  real  estate  within  the 
limits  of  South  Carolina. 

The  circumstances  which  caused  the  interruption  of  that 
negotiation  are  known  to  you :  with  the  formal  notification  of 


10 

its  cessation,  was  the  urgent  expression  of  the  necessity  for  the 
-withdrawal  of  the  troops  of  the  United  States  from  the  harbor 
of  Charleston. 

The  interruption  of  these  negotiations  left  all  matters  con- 
nected with  Fort  Sumter  and  troops  of  the  United  States 
within  the  limits  of  this  State,  affected  by  the  fact;  that  the 
continued  possession  of  the  Fort  was  not  consistent  with  the 
dignity  or  safety  of  the  State ;  and  that  an  attempt  to  rein- 
force the  troops  at  that  fort  would  not  be  allowed.  This, 
therefore,  became  a  state  of  hostilitj-j  in  consequence  of  which 
the  State  of  South  Carolina  was  placed  in  a  condition  of  de- 
fence. During  the  preparation  for  this  purpose,  an  attempt 
was  made  to  reinforce  Fort  Sumter,  and  repelled. 

You  are  now  instructed  to  proceed  to  Washington,  and  there, 
in  the  name  of  the  Government  of  the  State  of  South  Carolina, 
enquire  of  the  President  of  th-  United  States,  whether  it  was 
by  his  order  that  troops  of  the  United  States  were  sent  into 
the  harbor  of  Charleston  to  reinforce  Fort  Sumter;  if  he  avows 
that  order,  you  will  then  enquire,  whether  he  asserts  a  right  to 
introduce  troops  of  the  United  States  within  the  limits  of  this 
State,  to  occupy  Fort  Sumter :  and  you  will,  in  ease  of  his 
avowal,  inform  him  that  neither  will  be  permitted;  and  either 
will  be  regarded  as  his  declaration  of  war  against  the  State  of 
South  Carolina. 

The  Governor,  to  save  life,  and  determined  to  omit  no  course 
of  proceeding  usual  among  civilized  nations,  previous  to  that 
condition  of  general  hostilities  which  belongs  to  war;  and  not 
knowing  under  what  order,  or  by  Avhat  authority.  Fort  Sumter 
is  now  held ;  demanded  fi-om  Major  Eobert  Anderson,  now  in 
command  of  that  fort,  its  delivery  to  the  State.  That  officer, 
in  his  reply,  has  referred  the  Governor  to  the  Government  of 
the  United  States  at  Washington.  You  will,  therefore,  demand 
from  the  President  of  the  United  States  the  withdrawal  of  the 
troops  of  the  United  States  from  that  fort,  and  its  delivery  to 
the  State  of  South  Carolina. 

You  are  instructed  not  to  alloAV  any  question  of  property 
claimed  by  the  United  States  to  embarrass  the  assertion  of  the 
political  right  of  the  State  of  South  Carolina  to  the  possession  of 
Fort  Sumter.  The  possession  of  that  fort  by  the  State  is  alone 
consistent  with  the  dignity  and  safety  of  the  State  of  South 
Carolina  :    but  such  possession  is  not  inconsistent  with  a  right 


11 

to  compensation  in  money  in  another  Government,  if  it  has 
against  the  State  of  South  Carolina  any  just  chiim  connected 
with  that  fort.  But  the  possession  of  the  fort  cannot,  in  regard 
to  the  State  of  South  Carolina,  be  compensated  by  any  consid- 
eration of  any  kind  from  the  Government  of  the  United  States, 
when  the  possession  of  it  by  the  Government  is  invasive  of  the 
dignity  and  affects  the  safety  of  the  State.  That  possession 
cannot  become  now  a  matter  of  discussion  or  negotiation.  You 
will,  therefore,  require  from  the  President  of  the  United  States 
a  positive  and  distinct  answer  to  your  demand  for  the  delivery 
of  the  fort.  And  you  are  further  authorized,  to  give  the  pledge 
of  the  State  to  adjust  all  matters  which  may  be,  and  are  in 
their  nature,  susceptible  of  valuation  in  mone}';  in  the  manner 
most  usual,  and  upon  the  principles  of  equity  and  justjce 
always  recognized  by  independent  nations,  for  the  ascertain- 
ment of  their  relative  rights  and  obligations  in  such  matters. 
You  are  further  instructed  to  say  to  the  President  of  the 
United  States,  that  the  Governor  regards  the  attempt  of  the 
President  of  the  United  States,  if  avowed,  to  continue  the  pos- 
session of  Fort  Sumter;  as  inevitably  leading  to  a  bloody  issue, 
a  question  which,  in  the  judgment  of  the  Governor,  can  have 
but  one  conclusion;  reconcilable  with  a  due  regard  to  the  State 
of  South  Carolina,  the  welfai'c  of  the  other  States  which  now 
constitute  the  United  States,  and  that  humanity  which  teaches 
all  men,  but  particularly  those,  who  in  authority  control  the 
lives  of  others;  to  regai'd  a  resort  to  arms,  as  the  last  which 
should  be  considered.  To  shed  their  blood  in  defence  of  their 
rights  is  a  dutj",  which  the  citizens  of  the  State  of  South  Caro- 
lina fully  recognize.  And  in  such  a  cause,  the  Governor,  while 
deploring  the  stern  necessity  which  may  compel  him  to  call  for 
the  sacrifice;  will  feel  that  his  obligation  to  preserve  inviolate 
the  sacred  rights  of  the  State  of  South  Carolina,  justify  the 
sacrifice  necessary  to  secure  that  end.  The  Governor  does  not 
desire  to  remind  the  President  of  the  responsibilities  which  are 
upon  him. 

Respectfully,  3-our  obedient  servant, 

A.  G.  MAGRATH. 
To  Hon.  I.  W.  IIayne, 

Special  Envoy  from  the  State  of  South  Carolina 

to  the  President  of  the  United  States. 


12 

No.  8. 

[letter  of  senators  of  seceding  states  to  HON.  I.  W.  HAYNE.] 

"Washington  City,  January  15th,  18G1. 
Ilon.  Isaac  W.  Hayne  : 

Sir  :  Wc  are  apprised  that  you  visit  Washington,  as  an 
Envoy  from  the  State  of  South  Carolina,  bearing  a  communi- 
cation from  the  Governor  of  j^our  State  to  the  President  of  the 
United  States,  in  rehxtion  to  Fort  Sumter.  Without  knowing 
its  contents,  we  ventui*e  to  request  you  to  defer  its  delivery  to 
the  President  for  a  few  days,  or  until  you  and  he  have  consid- 
ered the  suggestions  which  we  beg  leave  to  submit. 

We  know  that  the  possession  of  Fort  Sumter  by  troops  of 
the  United  States,  coupled  with  the  circumstances  under  which 
it  was  taken,  is  the  chief,  if  not  only,  source  of  difficulty  be- 
tween the  Government  of  South  Carolina  and  that  of  the 
United  States.  We  would  add,  that  we,  too,  think  it  a  just 
cause  of  irritation  and  of  apprehension  on  the  part  of  your 
State.  But  we  have  also  assurances,  notwithstanding  the  cir- 
cumstances under  which  Major  Anderson  left  Fort  Moultrie 
and  entered  Fort  Sumter  with  the  forces  under  his  command; 
that  it  was  not  taken,  and  is  not  held,  with  any  hostile  or  un- 
friendly purpose  towards  your  State;  but  merely  as  property  of 
the  United  States,  which  the  President  deems  it  his  duty  to 
protect  and  preserve. 

We  will  not  discuss  the  question  of  right  or  duty  on  the  part 
of  either  Government  touching  that  property,  or  the  late  acts 
of  either  in  relation  thereto ;  but  we  think  that,  without  any 
compromise  of  right  or  breach  of  duty  on  either  side,  an  ami- 
cable adjustment  of  the  matter  of  difterences  may  and  should 
be  adopted.  We  desire  to  see  such  an  adjustment,  and  to  pre- 
vent war  or  the  shedding  of  blood.  We  represent  States  which 
have  already  seceded  from  the  United  States,  or  will  have  done 
so  before  the  first  of  February  next,  and  which  will  meet  your 
State  in  Convention  on  or  before  the  fifteenth  of  that  month. 
Our  people  feel  that  they  have  a  common  destiny  with  your 
people,  and  expect  to  form  with  them,  in  that  Convention,  a 
new  Confederation  and  Provisional  Government.  We  must 
and  will  share  your  fortunes,  suffering  wdth  you  the  evils  of 


13 

war,  if  it  cannot  be  avoided  ;  and  enjoying  with  you  the  bless- 
ings of  peace,  if  it  can  be  preserved.  We,  therefore,  think  it 
esjDecially  due  from  South  Carolina  to  our  States — to  say  noth- 
ing of  other  slaveholding  States — that  she  should,  as  far  as  she 
can  consistently  with  her  honor,  avoid  initiating  hostilities 
between  her  and  the  United  States  or  any  other  Power.  We 
have  the  public  declaration  of  the  President,  that  he  has  not 
the  constitutional  power  or  the  will  to  make  war  on  South 
Carolina,  and  that  the  public  peace  shall  not  be  disturbed  by 
any  act  of  hostility  towards  j'our  State. 

We,  therefore,  see  no  reason  why  there  may  not  be  a  settle- 
ment of  existing  difficulties,  if  time  be  given  for  calm  and 
deliberate  counsel  with  those  States  Avhich  are  equally  involved 
with  South  Carolina.  We,  therefore,  trust  that  an  arrange- 
ment will  be  agreed  on  between  you  and  the  President,  at  least 
till  the  rifteenth  February  uextj  b}^  which  time  your  and  our 
States  may,  in  Convention,  devise  a  wise,  just  and  peaceable 
solution  of  existing  difficulties. 

In  the  meantime,  we  think  your  State  should  suffer  Major 
Anderson  to  obtain  neccssaiy  supplies  of  food,  fuel  or  water, 
and  enjoy  free  communication,  by  post  or  special  messenger, 
with  the  President;  upon  the  understanding  that  the  President 
will  not  send  him  reinforcements  during  the  same  period.  We 
propose  to  submit  this  proposition  and  your  answer  to  the 
President. 

If  not  clothed  with  power  to  make  such  arrangement,  then 
we  trust  that. you  will  submit  our  suggestions  to  the  Governor 
of  3^our  State  for  his  instructions.  Until  you  have  received 
and  communicated  his  response  to  the  President,  of  course 
your  State  will  not  attack  Fort  Sumter,  and  the  President  will 
not  offer  to  reinforce  it.  _. 

We  most  respectfully  submit  therfc  propositions,  in  the  earnest 
hope  that  you,  or  the  proper  authority  of  your  State,  may  accede 

to  them. 

We  have  the  honor  to  be. 

With  profound  esteem, 

Your  obedient  servants, 
Louis  T.  Wigfall,  C.  C.  Clay,  Jr. 

John  Hkmphill,  Benjamin  Fitzpatrick, 

d.  l.  yulee,  a.  iverson, 

S.  R.  Mallory,  John  Slidell, 

Jefferson  Davis,  J.  P.  Benjamin. 


14 

No.  9. 

[letter  OF  UON.  I.  M-.    UAYNE  IN  RErLY  TO  SENATORS  FROM  SECED- 
ING STATES.] 

Washington,  January,  1861. 

Gentlemen  :  I  have  just  received  j'Oiir  communication,  dated 
the  15th  instant.  You  represent,  you  say,  States  which  have 
already  seceded  from  the  United  States,  or  icill  have  done  so 
before  the  1st  of  February  next,  and  which  will  meet  South 
Carolina  in  Convention,  on  or  before  the  loth  of  that  month  : 
that  your  people  feel  they  have  a  common  destiny  with 
our  people,  and  expect  to  form  with  them  in  that  Conven- 
tion a  new  Confederacy  and  Provisional  Government:  that  you 
must,  and  will  share  our  fortunes,  suflFering  with  us  the  evils  of 
war,  if  it  cannot  be  avoided,  and  enjoying  with  us  the  blessings 
of  peace,  if  it  can  be  preserved. 

I  feel,  gentlemen,  the  force  of  this  appeal,  and,  so  far  as  my 
authority  extends,  most  cheerfully  comply  with  your  request. 

I  am  not  clothed  with  power  to  make  the  arrangements  you 
suggest,  but  provided  j^ou  can  get  assurances,  with  which  j^ou 
are  entirely  satisfied,  that  no  reinforcements  will  be  sent  to 
Fort  Sumter  in  the  interval,  and  that  public  peace  shall  not  be 
disturbed  by  any  act  of  hostility  towards  South  Carolina,  I 
will  i*efer  your  communication  to  the  authorities  of  South  Car- 
olina, and  withholding  their  communication,  with  which  I  am 
at  present  charged,  will  await  for  their  instructions. 

Major  Anderson,  and  his  command,  let  me  assure  j'ou,  do 
now  obtain  all  necessary  supplies  of  food,  (including  fresh  meat 
and  vegetables,)  and,  I  believe,  fuel  and  water;  and  do  now 
enjoy  free  communication  by  post,  and  special  messengers  with 
the  President,  and  will  continue  to  do  so,  certainly,  until  the 
door  of  negotiation  shall  be  closed. 

If  your  projoosition  is  acceded  to,  you  may  assure  the  Presi- 
dent that  no  attack  will  be  made  on  Fort  Snmter,  until  a 
response  from  the  Governor  of  South  Carolina  has  been  received 
by  me,  and  communicated  to  him. 

With  great  consideration  and  profound  esteem, 
Your  obedient  servant, 
(Signed)  ISAAC  W.  HAYNE, 

Envoy  from  the  Governor  and  Council  of  South  Carolina. 


15 

No.  10. 
[letter  of  senators  of  seceding  states  to  the  president.] 

Senate  Chamber, 

January  11,  1861. 
Sir  :  "We  have  been  requested  to  present  to  you  copies  of  a 
correspondence  between  certain  Senators  of  the  United  States 
and  Col  Isaac  W.  llayne,  now  in  this  city,  in  behalf  of  the 
Government  of  South  Carolina;  and  to  ask  that  you  will  take 
into  consideration  the  subject  of  said  correspondence. 
Yerj  respectfully, 

Your  obedient  servants, 
(Signed)  BEN.  FITZPATKICK. 

S.  R.  MALLOEY. 
JOHN  SLIDELL. 
To  His  Excellency  James  Buchanan, 

President  United  States.  • 


No.  11. 


[letter  of  the  president,  through  the  HON.  J.  HOLT,  SECRETARY 

of  avar,  ad  interim,  to  the  senators  of  the  seceding  states.] 

War  Department, 
January  22,  1861. 
To  the  Hon.  Benjamin  Fitzpatrick,  S.  R.  Mallory,  and  John 
Slidell : 

GrENTLEMEN  :  The  President  has  received  your  communica- 
tion of  the  19th  instant,  with  the  copy  of  a  correspondence  be- 
tween j^ourselves  and  others,  "  representing  States  which  have 
already  seceded  from  the  United  States,  or  will  have  done  so 
before  the  1st  of  February  next,"  and  Col.  Isaac  "W".  Hayne,  of 
South  Carolina,  in  behalf  of  the  Government  of  that  State,  in 
relation  to  Fort  Sumter;  and  you  ask  the  President  to  "take 
into  consideration  the  subject  of  that  correspondence."  "With 
this  request  he  has  comjjlied,  and  has  directed  me  to  communi- 
cate his  answer. 

In  your  letter  to  Col.  Hayne,  of  the  15th  inst.,  j-ou  propose 


16 

to  him  to  defer  the  delivery  of  a  mossaa;e  from  the  Governor  of 
South  Carolina  to  the  President,  with  whieh  he  has  been  en- 
trusteil,  for  a  few  days,  or  until  the  President  and  Col.  Hayne 
shall  have  eonsidcred  the  sn<ji;<jjestions  which  you  submit.  It  is 
unucjessary  to  refer  specially  to  these  suggestions,  because  the 
letter  addressed  to  you  by  Col.  Hayne,  of  the  17th  instant, 
presents  a  clear  and  specific  answer  to  them.  In  this  he  says  : 
''  I  am  not  clothed  with  power  to  make  the  arrangement  you 
suggest ;  but  provided  you  can  get  assurances,  with  which  you 
are  entirely  satisfied,  that  no  reinforcements  will  be  sent  to 
Fort  Sumter,  in  the  interval,  and  that  the  public  peace  will  not 
be  disturbed  by  any  act  of  hostility  towards  South  Carolina,  I 
will  refer  jonr  communication  to  the  authorities  of  South  Caro- 
lina, and,  withholding  the  communication  with  which  I  am 
at  present  charged,  will  await  further  instructions." 

From  the  beginning  of  the  present  unhappy  troubles,  the 
President  has  endeavored  to  perform  his  executive  duties  in 
such  a  manner  as  to  preserve  the  peace  of  the  country,  and  to 
prevent  bloodshed.  This  is  still  his  fixed  purpose.  You, 
therefore,  do  him  no  more  than  justice  in  stating  that  you 
have  assurances,  (from  his  public  messages,  I  presume,)  that, 
"notwithstanding  the  circumstances  under  which  Major  Ander- 
son left  Fort  Moultrie,  and  entered  Fort  Sumter  with  the  forces 
under  his  command,  it  was  not  taken,  and  is  not  held  with  any 
hostile  or  unfriendly  purpose  towards  your  State,  but  merely 
as  pi'operty  of  the  United  States,  which  the  President  deems  it 
his  duty  to  protect  and  preserve,"  you  have  cori-ectly  stated 
■what  the  President  deems  to  be  his  duty.  His  sole  object  now 
is,  and  has  been,  to  act  strictly  on  the  defensive,  and  to  author- 
ize no  movement  against  the  people  of  South  Carolina,  unless 
clearly  justified  by  a  hostile  movement  on  their  part.  He  could 
not  have  given  a  better  proof  of  his  desire  to  prevent  the  effu- 
sion of  blood,  than  by  forbearing  to  resort  to  the  use  of  force, 
under  the  strong  provocation  of  an  attack,  (happily  without  a 
fatal  result,)  on  an  unarmed  vessel  bearing  the  flag  of  the 
United  States. 

I  am  happy  to  observe  that,  in  your  letter  to  Col.  Hayne,  you 
express  the  opinion,  that  it  is  "  especially  due  from  South  Caro- 
lina to  our  States,  to  say  nothing  of  other  slaveholding  States, 
that  she  should,  as  far  as  she  can  consistently  with  her  honor, 
avoid  initiating  hostilities  between  her  and  the  United  States, 


or  any  other  power."  To  initiate  such  hostilities  against  Fort 
Sumter,  would,  heyond  question,  be  an  act  of  war  against  the 
United  States. 

In  regard  to  the  proposition  of  Col.  Ilayne,  "  that  no  re- 
inforcements Avill  be  sent  to  Fort  Sumter,  in  the  interval,  and 
that  the  public  peace  will  not  be  disturbed  by  an,y  act  of  hos- 
tility towards  South  Carolina,"  it  is  impossible  for  me  to  five 
3'ou  any  such  assurances.  The  President  has  no  authority  to 
enter  into  such  an  agreement  or  understanding.  As  an  executive 
officer,  he  is  sinipl}-  bound  to  protect  the  public  propertj^,  so  far 
as  this  may  be  practicable;  and  it  would  be  a  manifest  viola- 
tion of  his  duty  to  place  himself  under  engagements  that  he 
Avould  not  perform  this  duty  either  for  an  indefinite  or  a  lim- 
ited period.  At  the  present  moment,  it  is  not  deemed  necessary 
to  reinforce  Major  Anderson,  because  he  makes  no  such  request, 
and  feels  quite  secure  in  his  position.  Should  his  safety,  how- 
ever, require  reinforcements,  every  effort  will  be  made  to 
supply  them. 

In  regard  to  an  assurance  from  the  President  "  that  the  pub- 
lic peace  Avili  not  be  disturbed  by  any  act  of  hostility  towards 
South  Carolina."  the  answer  will  i-eadily  occur  to  ^-ourselves. 
To  Congress,  and  to  Congress  alone,  belongs  the  power  to 
make  war.  and  it  would  be  an  act  of  usurpation  for  the  Execu- 
tive to  give  any  assurance  that  Congress  would  not  exercise 
this  power,  however  strongly  he  may  be  convinced  that  no 
such  intention  exists. 

I  am  glad  to  be  assured,  from  the  letter  of  Col.  Hayne,  that 
''Major  Anderson  and  his  command  do  7}ow  obtain  all  necessary 
supplies,  including  fresh  meat  and  vegetables,  and,  I  believe, 
fuel  and  water,  from  the  City  of  Charleston,  and  do  7iow  enjoy 
communication,  by  post  and  special  messenger,  with  the  Presi- 
dent, and  Avill  continue  to  do  so,  certainly  until  the  door  to 
negotiation  has  been  closed."  I  trust  that  these  facilities  may 
still  be  afforded  to  Major  Anderson.  This  is  as  it  should  be. 
Major  Anderson  is  not  menacing  Charleston ;  and  I  am  con- 
vinced that  the  happiest  result  which  can  be  attained  is,  that 
both  he  and  the  authorities  of  South  Carolina  shall  remain  on 
their  present  amicable  footing,  neither  party  being  bound  by 
any  obligations  whatever,  except  the  high  Christian  and  moral 

2 


18 

dut}'  to  keep  the  peace,  and  to  avoid  all  causes  of  mutual  irri- 
tation. 

Very  respcctfullj-,  your  obedient  servant, 

J.  HOLT, 
Secretary  of  War,  ad  interim. 


No.  12.  ^ 

[letter  of  senators  of  SKCEDIXG  states  to  HON.  I.  W.  HAYNE.] 

Washington,  23  January,  1861. 
Hon.  Isaac  W.  Hayne. 

Sir  :  in  answer  to  your  letter  of  the  17th  inst.,  wo  have 
now  to  inlbrm  you  that,  after  communicating  with  the  Presi- 
dent, we  have  received  a  letter  signed  by  the  Secretary  of  War, 
and  addressed  to  Messrs.  Fitzpatrick,  Mallory  and  Slidell  on 
the  subject  of  our  proposition,  Avhich  letter  we  now  enclose  to 
you.  Although  its  terms  are  not  as  satisfactory  as  we  could 
have  desired,  in  relation  to  the  ulterior  purposes  of  the  Execu- 
tive, we  have  no  hesitation  in  expressing  our  entire  confidence 
that  no  reinforcements  will  be  sent  to  Fort  Sumter,  nor  will  the 
public  peace  be  disturbed  within  the  period  requisite  for  full 
communication  between  yourself  and  your  Government;  and 
we  trust  therefore,  that  you  will  feel  justified  in  api^lying  for 
further  instructions  before  delivering  to  the  President  any  mes- 
sage wuth  which  you  may  have  been  charged. 

We  take  this  occasion  to  renew  the  expression  of  an  earnest 
hope  that  South  Carolina  will  not  deem  it  incompatible  with 
her  safety,  dignity  or  honor,  to  refrain  from  initiating  any 
hostilities  against  any  Power  whatsoever;  or  from  taking  any 
steps  tending  to  produce  collision,  until  our  States,  which  are 
to  share  her  fortunes,  shall  have  an  opportunity  of  joining  their 
counsels  with  hers. 

We  are  with  great  respect 

Your  obedient  servants, 

LOUIS  T.  AVIGFALL, 
D.  L.  YULEB. 
S.  P.  BENJAMIN, 
A.  lYEESON, 
JOHN  HEMPHILL, 
JOHN  SLIDELL, 
C.  C.  CLAY,  Jr., 


19 

P.  S.  Some  of  the  signatures  to  the  former  letter  addressed 
to  you  are  not  affixed  to  the  foregoing  communication,  in  con- 
sequence of  the  departure  of  several  Senators,  now  on  their 
wa}'  to  their  respective  States. 


No.  13. 

[letter  of   EI0.\.   I.    W.   IIAYNE    TO  SENATORS   OF  SECEDING  STATES.] 

Washington,  January  24,  18G1.  • 
To  THE  Honorable  Louis  T.  Wigfall,  D.  L.  Yulee,  I.  P.  Ben- 
jamin, A.  IvERSON.   John    Hemphill,   John   Slidell,  and 
C.  C.  Clay,  Jr. 

Gentlemen  :  I  have  received  your  letter  of  the  23d  inst., 
enclosing  a  communication  dated  the  22d  inst.,  addressed  to 
3Iessrs.  Fitzpatrick,  Mallory  and  Slidell,  from  the  Secretary 
of  War  ad  interim.  This  communication  from  the  Secretary  is 
far  from  being  satisfactory  to  me.  But,  inasmuch  as  you  state 
that  "we  (3'ou)  have  no  hesitation  in  expressing  an  entire  con- 
fidence that  no  reinforcement  will  bo  sent  to  Fort  Sumter,  nor 
will  the  public  peace  be  disturbed  within  the  period  requisite  for 
full  communication  between  3'ourself  (myself)  and  your  (my) 
Government/'  in  compliance  with  our  previous  understanding, 
I  withhold  the  communication  with  Avhich  I  am  at  present 
charged,  and  refer  the  whole  matter  to  the  authorities  of  South 
Carolina,  and  will  await  their  reply. 

Mr.  Gourdin  of  South  Carolina,  now  in  this  city,  will  leave 
here  by  the  evening's  train,  and  will  lay  before  the  Governor  of 
South  Carolina  and  his  Council,  the  whole  correspondence 
between  yourselves  and  myself,  and  between  you  and  the  Gov- 
ernment of  the  United  States;  with  a  communication  from  me, 
asking  further  instructions. 

I  cannot,  in  closing,  but  express  my  deep  regret  that  the 
President  should  deem  it  necessaiy  to  keep  a  garrison  of  tro6ps 
at  Fort  Sumter  for  the  protection  of  the  ^^pi-operty"  of  the  Uni- 
ted States.  South  Carolina  scorns  the  idea  of  approjiriating  to 
herself  the  property  of  another,  whether  of  a  Government  or  an 


•10 

individual,  witliout  accounting,  to  the  last  dollar,  for  everything 
which,  for  the  protection  of  her  citizens,  and  in  vindication  of 
her  own  honor  and  dignity,  she  may  deem  it  neccssar}'  to  take 
into  lier  own  possession.  As  property,  Fort  Sumter  is  in  far 
greater  jeopardy  occupied  by  a  garrison  of  United  States 
troops,  than  it  Avould  be  if  delivered  over  to  the  State  authori- 
ties, with  the  pledge  that,  in  regard  to  that  and  all  other 
property  claimed  by  the  United  States  within  the  jurisdiction 
of  South  Carolina,  the}^  would  full}'  account,  upon  a  fair  adjust- 
ment. 

"  Upon  the  other  point  of  the  preservation  of  the  peace,  and 
the  avoidance  of  bloodshed  :  Is  it  supposed  that  the  occupa- 
tion of  a  fort  in  the  midst  of  a  harbor,  with  guns  bearing  upon 
ever}'  position  of  it,  by  a  Government  no  longer  acknowledged, 
can  be  other  than  the  occasion  of  constant  irritation,  excitement 
and  indignation?  It  creates  a  condition  of  things  which  I  fear 
is  but  little  calculated  to  advance  the  observance  of  the  "  high 
Christian  and  moral  dut}'  to  keep  the  peace,  and  to  avoid  all 
causes  of  mutual  irritation,"  recommended  b}'  the  Secretary  of 
War  in  his  communication. 

In  my  judgment,  to  continue  to  hold  Fort  Sumter  by  United 
States  troops,  is  the  worst  possible  means  of  protecting  it  as 
property;  and  the  worst  possible  means  for  effecting  a  peaceful 
solution  of  present  difficulties. 

I  beg  leave,  in  conclusion,  to  say  that  it  is  in  deference  to  the 
unanimous  opinion  expressed  by  the  Senators  present  in  Wash- 
ington, ''representing  States  which  have  already  seceded  from 
the  United  States,  or  will  have  done  so  before  the  1st  of  Febru- 
ary next,"  that  I  comply  with  your  suggestions.  And  I  feel 
assured  that  suggestions  from  such  a  quarter  will  be  considered 
with  profound  respect  b}'  the  authorities  of  South  Carolina,  and 
will  have  great  weight  in  determining  their  action. 

With  high  consideration,  I  have  the  honor  to  be. 
Very  respectfully. 

Your  obedient  servant, 

ISAAC  W.  HAYNE, 
Envoy  from  the  Governor  and  Council  of  South  Carolina. 


21 

No.  14. 

[despatch  from  the  HON.  A.  G.  MAGRATH   TO  HON.  J.  W.  HAYNE.] 

State  of  South  Carolina, 
Executive  Office,  State  Department, 
Charleston,  January  26,  18G1. 

Sir  :  Your  despatch  has  been  received,  covering,  with  other 
papers,  the  repl}-  of  tl\e  President  througli  ]\[r.  Holt,  Secretary 
of  War,  ad  interim,  dated  the  22d  of  January,  1801,  to  tlie 
letter  of  Mr.  Fitzpatrick,  Mr.  Mallory,  and  Mr.  Slidell,  enclos- 
ing to  him  a  correspondence  between  certain  Senators  of  the 
United  States  and  Col.  Isaac  W.  Hayne ;  the  letter  of  certain 
Senators  to  you,  dated  the  23d  January,  18(51 ;  and  your  reply  to 
those  Senators,  dated  the  24th  January,  1861. 

h\  the  letter  of  the  Senators  addressed  to  you,  and  dated 
the  loth  January,  18G1,  after  stating  that  the  possession  of 
Fort  Suinter  b}-  troops  of  the  Ignited  States,  coupled  with  the 
circumstances  under  which  it  was  taken,  is  the  chief,  if  not  the 
only  source  of  dithculty,  between  the  Government  of  South 
Carolina  and  that  of  the  United  States;  the}' add  that  they, 
"too.  think  it  a  just  cause  of  irritation  and  apprehension  on 
the  part  of  your  (this)  State."  They  then  further  state  that 
they  had  assurances,  notwithstanding  other  circumstances 
which  seemed  inconsistent  therewith  ;  that  Fort  Sumter  ''  was 
not  taken,  and  is  not  held  with  any  hostile  or  unfriendly  pur- 
pose towards  your  (this)  State,  but  merely  as  property  of  the 
United  States;  which  the  President  deems  it  his  duty  to  pro- 
tect and  preserve."  Under  the  influences  of  that  feeling  of  a 
common  destiny  which  now  animates  the  seceding  States ;  and 
impressed  with  the  earnest  desire  which  seems  to  have  been 
cherished  in  these  States;  to  accomplish  that  separation  from 
the  United  States,  which  they  regarded  as  essential  to  their 
welfare,  without  the  ills  -which  civil  war  produces ;  these  Sena- 
tors proposed  that  time  should  be  given  for  calm  and  deliberate 
counsel  with  the  States,  which  are  equalk'  involved  with  South 
Carolina,  in  the  future  issue  of  their  present  conduct.  To 
secure  the  time  necessary  for  the  counsel  which  should  be  had, 
they  proposed  that  this  State  "  should  suffer  Major  Anderson 
to  obtain  necessary  supplies  of  food,  fuel  or  water,  and  enjoy 
free  communication  by  post  or  special  messenger  with  the 
President,  upon  the  understanding  that  the  President  will  not 
send  him  reinforcements  during  the  same  period." 


22 

No  such  communication  was  anticipated  by  the  Governor,  in 
the  instructions  with  which  you  were  furnished.  But  the  dis- 
cretion which  3-0U  exercised  in  delaying  the  delivery  of  the 
letter  to  the  President  of  the  United  States,  with  which  3'ou 
were  charged  j  iinder  the  circumstances  which  then  existed, 
commends  itself  to  the  approval  of  the  Governor.  Such  a 
course  on  your  part  was  due  from  this  State  to  the  representa- 
tives of  those  States,  the  peojile  of  wliieh,  in  the  language  of 
their  Senators,  "  feel  a  common  destiny  with  your  (our)  people, 
and  expect  to  form  with  them  a  new  Confederacy  and  Pro- 
visional Government;"  and  Avho  "must  and  will  share  your 
(our)  fortunes ;  suffering  with  you  (us)  the  evils  of  war,  if  it 
cannot  be  avoided,  and  enjoying  the  blessings  of  peace,  if  it  can 
be  preserved." 

The  reply  of  the  President  to  the  proposition  thus  made, 
referring  to  the  statement  of  the  intentions  with  which  Fort 
Sumter  is  held,  as  derived  from  his  "  public  messages,"  concedes 
that  his  purpose  as  stated;  that  is,  to  hold  Fort  Sumter  "  merely 
as  property  of  the  United  States"  which  he  "  deems  it  his  duty 
to  protect  and  preserve ;"  is  correct.  He  declares  it  to  be  his 
sole  object,  to  act  strictly  on  the  defensive,  and  to  "  authorize 
no  movement  against  the  people  of  South  Carolina,  unless 
clearly  justified  by  a  hostile  movement  on  their  part."  The 
President  then,  for  proof  of  his  desire  to  prevent  the  effusion 
of  blood,  alludes  to  his  forbearance  to  resort  to  ''  the  use  of 
force  under  the  strong  provocation  of  an  attack  on  an  unarmed 
vessel  bearing  the  flag  of  the  United  States." 

Referring  next  to  the  anxious  desire  of  the  Senators  of  the 
seceding  States,  that  this  State  "  should  as  far  as  she  can,  con- 
sistently with  her  honor,  avoid  initiating  hostilities  between  her 
and  the  United  States,  or  any  other  Power;  the  President  de- 
clares "  that  to  initiate  such  hostilities  against  Fort  Sumter, 
w^ould,  beyond  question,  be  an  act  of  war  against  the  United 
States."  And  in  re2:)Iy  to  the  proposition  that  "  no  reinforce- 
ments will  be  sent  to  li'ort  Sumter,"  which  is  stated  in  his  let- 
ter to  be  3'our  proposition,  he  declares,  "it  is  impossible  for  me 
(him)  to  give  you  (the  Senators)  any  such  assurance."  He 
states  that  "he  has  no  authority  to  enter  into  such  an  arrange- 
ment or  understanding,"  and  that  it  would  be  "  a  manifest 
violation  of  his  duty  to  place  himself  under  engagements,  that 
he  would  not  pei-form  this  duty  either  for  an  indefinite  or  a 
limited  period."     It  is  also  added  by  him  that  "  at  the  present 


23 

moment"  it  is  not  deemed  necessary  to  reinforce  Major  Ander- 
son because  he  makes  no  such  request,  and  feels  quite  secure  in 
his  position."  But  should  his  safety  require  it,  every  effoi't  will 
be  made  to  supply  reinforcements. 

The  letter  from  the  Senators  to  you,  and  your  reply  to  that 
letter,  present  a  marked  and  agreeable  contrast  to  the  letter  of 
the  President  of  the  United  States.  The  Governor  appreciates 
the  feeling  which  the  letter  of  the  President  must  have  excited 
in  the  Senators  to  whom  it  was  addressed;  their  forbearance  in 
the  expression  of  their  opinion  fully  as  to  its  character ;  and 
their  generosity  in  still  continuing  to  entertain  the  hope,  that 
collision  may  be  avoided;  until  the  States  they  represent  may 
share  the  dangers  which  menace  this  State.  The  Governor  con- 
curs also  in  the  justice  and  force  of  your  reply  to  those  Senators, 
The  reasons  which  you  have  sot  forth  in  your  reply  to  the  let- 
ter of  the  Senators  to  you,  conclusively  establish  the  propi-iety 
of  that  demand  which  the  letter  from  the  Governor  is  intended 
to  make  upon  the  President ;  whether  the  possession  of  Fort 
Sumter  be  considered  merely  in  regard  to  its  preservation  as  a 
piece  of  propert}'  claimed  by  the  United  States;  or  the  continu- 
ance of  its  retention  be  referred  to  a  conclusion  derived  from 
the  '•  obligations"  which  "  high  Christian  and  moral  duty" 
Avould  make  imperative ;  if  they  were  appealed  to,  as  they 
should  be,  in  this  case,  as  the  sole  and  proper  guides  for  those 
whose  conduct  involves  the  gravest  responsibilities. 

The  acquiescence  of  the  President  of  the  United  States  in 
the  ''  an-angement  or  understanding,"  by  which  he  would  be 
prevented  from  sending  reinforcenient  to  Fort  Sumter,  was 
intended ;  and  so  declai-ed,  by  the  Senators  of  the  seceding 
States,  to  be  binding  upon  him  ;  in  case  of  the  acquiescence  of 
this  State  in  certain  measures  which  they  proposed  this  State 
should  adopt.  AVith  the  concession  from  the  State  of  South  Caro- 
lina, they  evidently  expected  a  concession  from  the  President 
of  the  United  States.  And  they  proposed  that  in  the  interval 
which  was  necessary  to  enable  you  to  receive  a  reply  from  the 
Governor,  the  President  should  not  send  reinforcements  to  Fort 
Sumter ;  and  that  certain  facilities  now  enjoyed  by  Major 
Anderson  and  his  garrison  at  Fort  Sumter,  should  be  continued. 
The  reply  of  the  President,  therefore,  contains  his  refusal,  not 
only  of  the  general  proposition,  to  abstain  from  doing  until  the 
15th  day  of  February,  the  day  named  by  the  Senators  in  their 


letter,  that  ■which,  Avhcnever  he  attempts,  he  kno"u-s  will  be 
regarded  by  the  State  of  South  Carolina  as  an  act  of  war;  but 
he  refuses  also  to  abstain  from  attempting  this  act,  even  dur- 
ing the  period  neccssarj^  to  enable  3-ou  to  communicate  to  the 
Governor  the  proposition  of  these  Senators. 

All  that  the  State  of  South  Carolina  was  desired,  in  the  letter 
of  these  Senators,  to  do  in  relation  to  Major  Anderson  and  his 
garrison,  it  had  done ;  not  in  its  acknowledgment  of  any  right 
on  the  part  of  the  United  States,  but  in  the  discharge  of  the 
suggestions  of  courtesy ;  and  with  a  desire  not  to  visit  upon 
Major  Anderson  and  his  garrison  the  consequences  of  the  irri- 
tation which  the  conduct  of  his  Ciovernment  was  so  well 
calculated  to  produce.  Nor  would  the  acquiescence  of  the 
Government  of  the  United  States,  in  the  forbeai*ance  required 
from  it,  have  done  more  than  to  have  secured  the  status,  in 
which  all  matters  within  the  harbor  of  Chai-leston  were  at  this 
time ;  by  putting  upon  the  State  an  obligation  not  to  attack 
Fort  Sumter,  and  upon  the  Government  of  the  United  States 
an  obligation  uot  to  reinforce  it  with  fresh  troops.  With  the 
supplies  which  Major  Anderson  and  his  garrison  were  receiv- 
ing; with  the  facilities  which  he  and  his  garrison  enjoyed  in 
regard  to  the  mails;  no  pretext  for  interference  with  the  harbor 
of  Charleston  could  be  found,  except  in  connection  with  the 
right  claimed  to  reinforce  the  troojis  at  Fort  Sumter  :  a  right, 
which,  claimed  by  the  President,  as  involved  in  a  duty,  would 
farther  involve  a  necessity  that  he  should  determine,  when  his 
duty  was  to  be  discharged,  by  his  exercise  of  this  right. 

It  is  true  that  the  President,  in  his  letter,  intimates  that  no 
reinforcements  will  be  sent,  because  Major  Anderson  has  made 
no  such  request,  and  feels  quite  secure  in  his  position.  It  is 
not,  however,  to  be  forgotten,  that,  upon  a  recent  occasion, 
when  it  is  understood  that  Major  Anderson  did  not  call  for 
reinforcements,  and  may  be  presumed  to  have  felt  then  as 
secure  in  his  position  as  he  does  now,  reinforcements  were  sent 
to  him;  nor  was  it  the  fault  of  the  Government  of  the  United 
States  that  they  did  not  reach  him. 

The  proposition  thus  made  to  the  President  of  the  United 
States,  was  the  act  of  Southern  Senators,  unsolicited  and  unex- 
pected. It  was  the  evidence  of  a  generous  impulse,  which, 
havinsf  animated  them  in  the  continuance  of  their  connection 
with  the  United  States,  as  long  as  that  connection  could  be 


25 

maintained  with  regard  to  the  rights  of  the  States  thej  repre- 
sented; was  exhibited,  even  in  the  moment  of  their  final  separa- 
tion, in  an  anxious  desire  to  avoid  collision  and  strife  with 
those,  whom  they  could  not  recognize  longer  as  their  brethren 
in  that  political  Union  which  had  been  terminated.  The  mod- 
eration of  the  terms  in  which  they  asked  the  acquiescence  of 
the  President  of  the  United  States,  will  be  long  remembered. 
Their  request  was  simply  that  he  would  abstain  from  those 
acts,  which  were  unnecessary  for  the  purposes  he  professed;  and 
were  surely  calculated  to  developc  the  ills  he  declared  himself 
anxious  to  avert. 

At  this  period,  and  under  such  circumstances,  it  is  not  only 
important,  but  indisi)en^^ably  necessary,  that  the  Governor 
should  correctly  understand  the  position  which  the  Govern- 
ment of  the  United  States  intends  to  occu])y  towards  this 
State.  And  the  correspondence,  which  has  ])roduced  the  letter 
of  the  President,  serves  to  dispel  much  of  whatever  doubt  may 
have  hitherto  existed.  If  the  President  of  the  United  States 
desired  only  to  protect  Fort  Sumter  as  property,  what  higher 
assurance  of  its  safety  could  he  have  found  than  in  the  ])iodge 
of  the  State  of  South  Carolina,  that  it  should  not  be  attacked? 
If  it  was  not  to  be  defended  as  property,  but  as  a  military  post 
of  the  United  States,  then,  indeed,  it  would  be  ''  a  manifest  vio^ 
lation  of  his  duty"  to  agree  not  to  reinforce  it.  The  assertion, 
therefore,  that  it  is  only  held  as  property,  is  inconsistent  with 
those  requirements  of  duty,  which  the  President  alleges  to  be 
obligatory  upon  him;  but  which  are  obligatory  upon  him  only 
in  relation  to  a  military  post.  The  Governor  is.  therefore, 
forced  to  conclude,  that,  strijjped  of  all  disguise,  the  real  pux'- 
pose  of  the  President  of  the  United  States  is  to  keep  and  do- 
fend  Fort  Sumter,  Avithin  the  limits  of  South  Carolina,  as  a, 
military  post  of  the  United  States. 

This  conclusion  of  the  real  purpose  which  controls  the  Gov- 
ernment of  the  United  States  in  relation  to  this  State,  is  not 
the  less  a  result  of  the  position  which  the  President  of  the 
United  States  has  assumed  in  relation  to  the  proposition  which 
the  Senators  of  tlie  seceding  States  have  generously  made  ; 
than  of  the  action  of  the  President  of  the  United  States  in 
regard  to  other  States  which  have  seceded.  And  it  is  consid- 
ered  by  the  Governor  to  be  his  duty — one  which  the  State  of 
South  Carolina  will  so  acknowledge — to  regard  all  hostile 
3 


26 

attempts  made  by  the  Government  of  the  United  States  upon 
any  State  which  has  seceded,  as  attempts  made  directly  upon 
this  State.  There  is  no  doubt,  that  at  this  moment,  hostile 
purposes,  by  the  Government  of  the  United  States,  are  in  ope- 
ration, which  affect  Florida  or  Georgia.  It  does  not  admit  of 
a  doubt,  that  an  armed  vessel  of  the  United  States  is  now 
transporting,  with  the  purpose  of  landing,  troops  of  the  United 
States  upon  the  soil  of  one  or  more  of  the  States  which  have 
seceded,  with  hostile  intentions  tOAvards  such  State.  Another 
expedition,  the  existence  of  which  is  ascertained,  but  the  pre- 
cise nature  of  which  is  more  concealed,  has  been  iindertaken 
for  a  like  purpose.  And  that  which  gives  to  these  hostile 
attempts  a  complexion  the  least  inviting  is,  that  they  are 
secretly  undertaken,  and  their  execution  covertly  attempted, 
amid  professions  of  an  earnest  desire  to  avoid  collision  ;  to  save 
the  waste  of  life;  and  to  fulfil  the  highest  obligations  of  moral- 
ity. While  the  Commissioner  deputed  by  the  State  of  Virginia 
is  honestly  urging  upon  the  authorities  of  this  and  other  States 
to  avoid  all  occasions  of  collision  with  the  Government  of  the 
United  States ;  and,  while  from  the  same  State  another  Com- 
missioner is  attempting  to  recommend  the  same  counsels  to  the 
President  of  the  United  States;  a  hostile  expedition  is  on  its 
way  to  attempt  the  coercion  of  a  State,  when  the  Government 
of  the  United  States  seems  to  listen  to  the  suggestions  of  peace 
from  that  ancient  Commonwealth. 

The  Governor  regards  it  as  a  happy  circumstance  that  in 
deferring  to  the  wishes  of  the  Senators  who  have  interposed  in 
the  mission  wnth  which  you  were  charged,  their  good  intent 
has  been  rewarded,  in  leading  to  that  declaration  from  the 
President,  which,  in  every  seceding  State,  will  be  regarded  as 
equivalent  to  his  declaration  of  war  against  them ;  and  thus 
save  them  from  the  consequences  of  a  genei-ous,  but  misplaced, 
confidence. 

Nor  is  it  proper  that  it  should  be  understood,  that  what  the 
President  is  pleased  to  consider  a  proof  of  his  forbearance, 
should  seem  to  have  the  acquiescence  of  the  Governor  in  the 
correctness  of  that  construction  of  his  conduct,  under  the  cir- 
cumstances of  a  case,  wholly  unjustifiable,  and  more  than 
aggravating.  It  is  not  for  the  President  of  the  United  States 
to  seem  to  consider  the  repulse  of  a  vessel  sent  here  with  re- 
inforcements, as  the  attack  of  the  State  of  South  Carolina  upon 


27 

an  unarmed  vessel.  If  it  had  not  the  armament  of  a  vessel 
intended  for  war,  the  less  excusable  was  the  attempt  to  intro- 
duce, under  the  shield  of  a  peaceful  trader,  armed  men  for  the 
purpose  of  executing  the  orders  of  the  President.  It  was  not 
only  a  hostile  demonstration,  but,  while  hostile,  it  was  attempt- 
ed to  be  made  successful  under  a  disguise,  which,  if  it  had 
secured  the  result  Avhich  was  desired,  would  have  left  nothing 
but  the  mere  success  to  compensate  for  the  sacrifice  of  the  pro- 
prieties with  which  it  had  been  purchased. 

The  opinion  of  the  Governor,  as  to  the  propriety  of  the 
demand  which  is  contained  in  the  letter,  with  the  delivery  of 
which  you  are  charged,  lias  not  onl}^  been  confirmed  by  the 
cii'cumstances  which  your  mission  has  developed  ;  but  is  now 
increased  into  a  conviction  of  its  necessity.  The  safety  of  the 
State  requires  that  the  position  of  the  President  should  be  dis- 
tinctly understood.  The  safety  of  all  the  seceding  States 
requires  it,  as  much  as  the  safety  of  South  Carolina.  If  it  be 
80,  that  Fort  Sumter  is  held  but  as  propert}^,  then,  as  property, 
the  rights,  whatever  they  may  be,  of  the  United  States,  can 
be  ascertained  ;  and  for  the  satisfaction  of  those  rights,  the 
pledge  of  the  State  of  South  Carolina  you  arc  authorized  to 
give.  If  Fort  Sumter  is  not  held  as  propert}',  it  is  held  as  a 
military  post;  and  such  a  post,  within  the  limits  of  this  State, 
will  not  be  tolerated. 

The  letter  of  the  President  may  be  received  as  the  reply  to 
the  question  you  were  instructed  to  ask,  as  to  his  assertion  of 
the  right  to  send  reinforcements  to  Fort  Sumter.  You  were 
instructed  to  say  to  him,  if  he  asserted  that  right,  that  the 
State  of  South  Carolina  regai'ded  such  a  right,  when  asserted; 
or  with  an  attempt  at  its  exercise,  as  a  declaration  of  war.  If 
the  President  intends  it  shall  not  be  so  understood,  it  is  proper, 
to  avoid  an}'"  misconception  hereafter,  that  he  should  be  in- 
formed of  the  manner  in  which  the  Governor  will  feel  bound 
to  regard  it. 

If  the  President,  Avhcn  3-ou  have  stated  the  reasons  which 
prompt  the  Governor  in  making  the  demand  for  the  delivery  of 
Fort  Sumter,  shall  refuse  to  deliver  the  tort,  upon  the  pledge 
you  have  been  authorized  to  make,  you  will  communicate  that 
refusal.  Avithout  delay,  to  the  Governor.  If  the  President  shall 
not  be  pi-epared  to  give  3'ou  an  immediate  answer.  3'ou  will 
communicate  to  him  (hat  his  answer  mav  be  transmitted,  with- 


28 

in  a  reasonable  time,  to  the  Governor  at  this  place.  The  Gov- 
ernor does  not  consider  it  necessary  that  j'ou  should  remain  in 
Washington  longer  tlian  is  necessary  to  execute  this,  the  clos- 
ing duty  of  your  mission,  in  the  manner  now  indicated  to  you. 
As  soon  as  the  Governor  shall  receive  from  you  information 
that  you  liave  closed  your  mission,  and  the  reply,  whatever  it 
may  be,  of  the  President,  he  will  consider  the  conduct  which 
will  be  necessary  on  his  part. 

To  the  Senators,  wdio  -have  so  generously  interposed  in  this 
matter,  the  Governor  desires  you  to  express  the  satisfaction  he 
has  experienced  with  the  interest  they  have  exhibited,  and  the 
concurrence  they  have  manifested,  in  the  earnest  desire  which 
has  governed  him,  in  his  attempt  to  secure  for  the  State  of 
South  Carolina  its  just  rights,  without  the  waste  of  life  or  loss 
of  blood.  If  other  counsels  shall  prevail  with  the  Government 
at  Washington,  the  Governor  feels  that,  whatever  unhappy 
results  may  follow,  his  efforts  and  the  efforts  of  those  Senators 
will  have  been  earnestly  made  to  avert  them.  A  cojjy  of  this 
note  to  you,  the  Governor  desires  you  to  address  to  those 
Senators. 

It  will  not  be  necessary  for  the  Governor  to  make  any  fur- 
ther communication  to  you  than  this  note.     To  this,  he  desii-es 
me  to  add  the  expression  of  his  thanks  for  the  manner  in  which 
you  have  executed  the  duty  with  which  you  were  charged. 
Very  respectfully,  yours,  &c.,  &c. 

A.  G.  MAGEATH. 

To  the  Hon.  I.  W.  IIayne, 

Special  Envoy  from  the  State  of  South  Carolina. 


Date  Due 

1 

